Peart, Barbara (Representative of the Estate of Haskell Arnold, deceased, Madge Remekie et v Duncan, Errol and Alcovia Development Company Limited
Civil Procedure Rules – Rule 26.3(1) (a)(b)(c) – Rule 26.3(1)(a) – Whether the claim should be struck out for failing to comply with a rule of the CPR – Rule 8.9
Davy, Karon and Joan Davy v Davy, Dennis, Anthony Davy, Junior Davy and Nathan Davy
Civil Procedure Rules – Rule 15.2 – Whether the defendants have a real prospect of successfully defending the claim – Rule 26.3(1) – Whether the defence discloses reasonable grounds for defending the claim – Law of Real Property – Joint tenancy – Whether right of survivorship defeated
Peart, Kenneth Leighton (Son of the deceased Kenneth Peart aka 'Fudgie' v Peart, Nadine (Executrix of the Estate of Kenneth Leighton Peart) and Donna-Kaye Sharpe
Civil Procedure Rules – Part 68 – Application to remove administrator pendente lite and to appoint another administrator pendente lite – Judicature (Rules of Court) (Master in Chambers) Rules 2021 – Whether master in chambers has jurisdiction to consider the application – Whether court has jurisdiction to set remuneration of administrator pendente lite
Mathie, Conrad v British Caribbean Insurance Company
Civil Procedure Rules – Rule 8.8 – Whether sanction imposed – Whether appropriate relief should be for relief from sanctions or extension of time – Part 32 – Whether the expert will assist the court in resolving any issue in the claim – Whether the existence of a report prepared by the person to be appointed expert is a prerequisite to the appointment of that person as an expert - Motor Vehicle (Third Party Risks) Act – section 18 – grounds on which an insurer can avoid a claim arising from a judgment obtained against its insured
Lewis, Priscilla v Wallace, Patrick and Rejiv Babooram
Civil Procedure Rules – Rule 13.3 – Setting aside default judgment – Whether affidavit sworn to by a party’s attorney-at-law amounts to an affidavit of merit – Rule 21.7 – Application to appoint representative of estate of deceased defendant – Whether sufficient proof of death in the absence of a death certificate – Whether Administrator General fit and proper person to be appointed as administrator ad litem.
Francis, Lans v Quest, Novel and Halicon Holdings Limited
Civil Procedure – Rule 26.3 of Civil Procedure Rules – Whether claim is an abuse of process; section 73 of the Judicature (Parish Court) Act – Whether section 73 operates to prevent the bringing of this claim in light of previous claim filed in the Parish Court – Whether claim should be struck out as disclosing no reasonable grounds for bringing claim - Whether the 1st defendant should be removed as a party.
Francis, Lans v Quest, Novel and Halicon Holdings Limited
Civil Procedure – Rule 26.3 of Civil Procedure Rules – Whether claim is an abuse of process; section 73 of the Judicature (Parish Court) Act – whether section 73 operates to prevent the bringing of this claim in light of previous claim filed in the Parish Court – Whether claim should be struck out as disclosing no reasonable grounds for bringing claim; Whether the 1st defendant should be removed as a party
Lewis, Priscilla v Pallace, Patrick and Rejiv Babooram
Civil Procedure Rules – Rule 13.3 – Setting aside default judgment – whether affidavit sworn to by a party’s attorney-at-law amounts to an affidavit of merit – Rule 21.7 – Application to appoint representative of estate of deceased defendant – Whether sufficient proof of death in the absence of a death certificate – Whether Administrator General fit and proper person to be appointed as administrator ad litem
Wilson, Ethlyn and Carlton Wilson v Chin, Peter (as representative in the Estate of Herbert Chin, deceased)
Civil Procedure – Jurisdiction of court to order stay of proceedings in subsequent action in circumstances where costs ordered in previous action between similar parties have not been paid
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